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STAFF REPORT SUMMARY

January 6, 2017 To: Edgerton Planning Commission Fr: Kenneth Cook, AICP, CFM, Community Development Director Re: ZA2016-03, Zoning Amendment for 82 Acres Located North of 183rd and East of

Waverly Road. REQUEST The applicant is seeking approval for the rezoning property that is located North of 183rd Street and East of Waverly Road. The project is bounded on the North by the Intermodal Lead tracks and the City of Gardner on the East. The property is currently zoned A-G, Agriculture District and the request is for a change to the L-P, Logistics Park District. The property is shown as Business Park/Industrial on the Future Land Use Map of the Comprehensive Plan and is noted as “Logistics Park East.” DISCUSSION ITEMS Staff recommends the Planning Commission review the below summary of items noted in the Staff Report. The following items are those that staff has determined as most relevant to the questions of compatibility and the best interest of the City and are based off of the Golden Criteria. A full review of the Golden Criteria can be found in the attached Staff Report. Positive Factors: 1. Effective use of Land: The request allows for the effective use of land due to the

properties location adjacent to the BNSF Intermodal Facility, the intermodal lead tracks and other industrial property.

2. The extent to which there is a need in the community for the uses allowed in the proposed zoning: The City of Edgerton has been seeing significant demand for warehouse, distribution and similar types of industrial uses.

3. The economic impact on the community from the uses allowed in the propose zoning: Uses allowed in the L-P District have the ability to provide needed services, jobs and tax revenues. The property is also located in an area where significant investments have already been made in infrastructure to serve this type of facility.

4. The relative gain to the public health, safety, and welfare from a denial of the rezoning as compared to the hardship imposed upon the rezoning applicant from such denial: There would be little gain to the public health, safety and welfare of the City of Edgerton if the zoning is denied. The denial would also create a hardship for the applicant as other uses which might be considered as more acceptable to the residential property to the East would possibly conflict with uses to the West.

5. Consistency with the City of Edgerton Comprehensive Plan: The Future Land Use Map from the Comprehensive Plan for the City of Edgerton shows the subject property as Business Park/Industrial and is more specifically shown as “Logistics Park East”. The Preferred Land Use Plan in the Southwest Johnson County Area Plan also shows the Western portion of this site as being Warehousing and Distribution with the East portion being shown as

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Business Park. The Uses which are permitted in the L-P District and the B-P, Business Park District are both very similar in intensity.

Neutral Factors: 1. The Character of the neighborhood: The neighborhood can be considered an area of

transition as the properties located to the East are used primarily for residential purposes and the properties to the West and South are used for industrial purposes.

2. Compatibility of the proposed zoning and uses permitted therein with the zoning and uses of nearby properties: This property is located between properties that are zoned for residential uses and industrial uses. While the proposed zoning is not fully compatible with the adjacent residential uses, uses which would be more compatible with the residential uses might not be compatible with the adjacent industrial uses.

Negative Factors: 1. The extent to which the zoning amendment may detrimentally affect nearby property:

Uses that are permitted within the proposed zoning district have the ability to have a negative impact on the residential area located adjacent to the site due issues such as traffic, noise and other impacts. The L-P District provides specific requirements to try and mitigate some of these concerns and the Planning Commission has the ability to consider these requirements as part of the Site Plan process.

RECOMMENDATION City staff recommends approval of the proposed rezoning of the subject property from A-G, Agricultural District to L-P, Logistics Park District, with the following stipulations:

1. All Site Plan application requirements of the City shall be met. 2. All infrastructure requirements of the City shall be met. 3. Prior to issuance of building permits, the property shall be developed in accordance with

a Site Plan reviewed and approved by the City.

STAFF REPORT November 28, 2016 To: Edgerton Planning Commission Fr: Kenneth Cook, AICP, CFM, Community Development Director/Zoning Administrator Re: Application ZA2016-03 for rezoning of approximately 82 acres located North of 183rd Street

and East of Waverly Rd APPLICATION INFORMATION

Applicant/Property Owner: John Thomas, Edgerton Land Holding Company -West 29 acres BNSF -East 54 acres Requested Action: Rezoning from A-G, Agricultural District, to L-P, Logistics Park

District Legal Description: Part of Section 26, Township 14 South, Range 22 East Site Address/Location: North Side of 183rd Street and East of Waverly Road Existing Land Use: Agriculture Existing Zoning and Uses: A-G, Agricultural District Existing Improvements: None Site Size: Approximately 82 acres Reason for Rezoning Request: The City of Edgerton has received an application requesting that the property be rezoned to the L-P, Logistics Park District. The subject property was a portion of the original group of properties that were purchased by BNSF as part of the development of the intermodal facility. Following the annexation of the BNSF properties into the City of Edgerton, they were all rezoned to the City’s A-G, Agricultural District. The L-P District is described as:

The purpose of the Logistics Park, L-P District is to create a limited multimodal industrial zone that provides for a modern type of industrial uses or industrial park created to support activities related to trade and rail and other transport service. Limitations are placed on the uses in this district to significantly restrict the outside activities and outside storage of materials, noise, vibration, smoke, pollution, fire and explosive hazard, glare and other potentially adverse influences.

This zone is intended for industrial parks and larger, cleaner types of industries. The manufacturing uses should be conducted within a totally enclosed building. Any activities conducted outside should be screened and buffered, and external effects such as excessive

noise or odor should not extend beyond the property lines. Residential uses should be discouraged from locating near the L-P District to protect the industries from residential complaints.

Areas should not be zoned to the L-P District unless they are located adjacent or near to arterial thoroughfares capable of carrying commercial and truck traffic, as well as being located close to major truck routes. It is the general intent of this District to provide for a mutually beneficial, economically viable, well-planned development poised for long-term success including: 1. To provide for the distribution of and appropriate relationships between various land uses

and to minimize conflict between land uses; 2. To describe desired future physical conditions within the L-P District; 3. To manage growth in an orderly manner; and 4. To serve as a basis for future development recommendations within the L-P District and

set the precedent for sound planning and sustainable development practices throughout the L-P District area of influence.

The requested rezoning to the L-P District can be considered as an expansion of the existing L-P District which is located to the West (Rail Served – IP XL) and Southwest (IP VIII) of the subject property and which would be part of the 1,500 acre master planned logistics park and intermodal facility. The Future Land Use Map for the City of Edgerton shows the use of the properties on the East side of Waverly Road and North of 183rd Street as Business Park/Industrial and specifically labels it as Logistics Park East. The Preferred Land Use Plan of the Southwest Area Plan shows the Western portion of the subject property as being Warehousing and Distribution and the Eastern portion of the property as being Business Park. Background Information The applicant for this project is Edgerton Land Holding Company (NorthPoint Development), BNSF’s partner for developing warehousing. Edgerton Land Holding Company has officially acquired the West 30 acres of this site with BNSF still officially owning the East 52 acres. The property is located to the East of the BNSF Intermodal Facility and on the East side of Waverly Road just North of the existing 183rd Street right-of-way. The new roadways for Montrose and 185th Street that were developed as part of the Waverly Road project are located to the South of the subject property and will provide the vehicular connection to LPKC and the BNSF facility. The site has primarily been used for agricultural purposes. The uses listed for the L-P, Logistics Park District (Section 5.2) in the City of Edgerton’s Unified Development Code are as follows:

L-P District – Permitted Uses. 1. Building and construction contractor

offices, including display areas. 2. Business and trade schools. 3. Commercial pick-up and delivery services. 4. Display or catalog showrooms. 5. Laboratories and research facilities. 6. Manufacturing, processing, fabrication or

assembly of commodity - limited. 7. Motion picture production studios and

stations. 8. Photographic processing facilities.

9. Printing and publishing. 10. Radio and television broadcasting stations. 11. Research establishments of industrial,

medical or scientific nature. 12. Restaurants, including drive-up or drive-

thru services. 13. Warehousing/Distribution centers,

including trucking and courier services; public warehousing and storage; and motor freight transportation terminals and maintenance facilities.

14. Mailing, packaging, parcel service and storage.

15. Printing, communications, mail orders. 16. Sales outlets and wholesale trade. 17. Retail sales in conjunction with a

manufacturing or fabrication use. 18. Health and hospital supplies; office

supplies. 19. Copy, printing and duplication services. 20. Internet service providers. 21. Sale, servicing, and repair of electrical and

other electronic devices. 22. Government facilities. 23. Retail and wholesale of furniture and home

furnishings, carpet, paint and wallpaper, and plumbing and lighting fixtures.

24. Sales and installation of cellular phones, stereos, radios and similar electronic equipment for vehicles.

25. Veterinary hospitals and clinics. 26. Accessory uses. 27. Agricultural. 28. Auto and truck motor fuel facilities and

repair. 29. Auto and truck washing. 30. Recreational vehicle sales and service. 31. Towing and impound yard. 32. Trailer or truck sales and rental. 33. Building materials yard and lumber yard. 34. Mini-Warehouse and self storage. 35. Recycling collection center. 36. Similar uses.

L-P Districted – Conditional Uses. 1. Communication transmission towers over sixty (60) feet, subject to the provisions in Article 7. 2. Truck stops with fuel and accessory services; 3. Private or public owned playgrounds, playfields, and recreational facilities (e.g. public or private

golf courses, tennis or other courts, and swimming pools) open for public or commercial use; 4. Auditoriums, convention centers, and conference facilities 5. Colleges and universities. 6. Transportation storage and trucking yards. 7. Cargo container storage, repair or maintenance.

Infrastructure and Services:

1. Waverly Road has recently been upgraded to be a three-lane concrete road with a grade separated crossing of the intermodal lead tracks. New roadways for 185th Street and Montrose Street have also been developed as part of the Waverly Road project and will connect this site to the rest of the logistics park.

2. The property is located within the Big Bull Creek watershed, which flows south from 167th Street to the southern edge of the county at Homestead Lane. A stormwater plan should be submitted to the City Engineer prior to development of the property.

3. The subject property is currently shown as being located in Zone X, Areas determined to be outside the 0.2% annual chance floodplain.

4. The property does not currently have sanitary sewer service. The City is currently working with NorthPoint on the Development of a Sewer Master Plan for the development of the sewer system for the Logistics Park and surrounding area.

5. The property is located within the service area of Rural Water District No. 7. A 12-inch water main appears to currently extend along Waverly Road. The City of Gardner also has a waterline that is located on the North side of 183rd Street.

6. Police protection is provided by the Johnson County Sheriff's Department under contract with the City of Edgerton. Fire protection is provided by Johnson County Rural Fire District No. 1. A fire station is located in the City of Edgerton, approximately 4.5 miles to the west with another fire station being located with the City of Gardner approximately 1 miles to the East.

Property Zoning History The subject property was annexed into the City of Edgerton in 2010. The property has previously been annexed by the City of Gardner in 2008, but was de-annexed by Gardner before annexation

into Edgerton. Prior to annexation, the property was zoned in the County’s RUR, Rural District. The following map shows the Zoning of the surrounding area. Please note that not all of the Zoning District boundaries have been updated by Johnson County and staff has highlighted areas that don’t currently match the AIMS data. Some properties that are located within the City of Gardner are also located in the Eastern portion of the map. Zoning on Subject and Adjacent Property

Staff Analysis Staff has reviewed this rezoning application with respect to the Edgerton Unified Development Code, the laws in Kansas, and the “Golden Criteria” as established by the Supreme Court of Kansas in 1978. The following is staff’s review.

1. Need for the Proposed Change. The subject property is currently zoned A, Agricultural. The anticipated use of the property is industrial. The L-P Zoning District is compatible with these uses.

2. Magnitude of the Change. The existing agricultural zoning is considered a holding designation

until such time as the property was ready to be rezoned and developed. The property is currently being used for agricultural purposes although new roads have been developed

ZA2016-01

SUBJECT PROPERTY ZA2016-03

adjacent to the property as part of the Waverly Road project. The magnitude of change is not considered extreme or rare when property is being developed for its planned end use.

3. Whether or not the change will bring harm to established property rights. The properties most likely to be affected by this proposed zoning are located to the East. The properties located to the East of the subject property are located within the City of Gardner and are currently being used for residential purposes and are zoned R-2, Two Family District. BNSF’s Intermodal Facility is located to the West of the subject property with the intermodal lead line being located directly to the North. The tract of ground located North of the intermodal lead tracks is located within the City of Gardner but includes the KCP&L wetlands and is not anticipated to be developed in any manner. The City of Edgerton’s Comprehensive Plan anticipates the property to the South as being Business Park/Industrial adjacent to Waverly Road and Commercial (Retail/Office) adjacent to the Gardner City Limits. The Southwest Area Plan shows a slightly different scenario with multi-family housing being shown to the East. Separate Site Plan review and approval will be required before building permits can be issued. Part of a Site Plan review will include attention to buffering and setbacks, stormwater management and possibly transition of uses between adjoining uses and any proposed commercial/industrial use. This Site Plan review will help mitigate impact that might occur to adjacent properties.

4. Effective use of Land. Industrial development at this location is an effective and efficient use

of the property. The City recently improved Waverly Road, including a grade separated crossing in order to provide better access to this site and to allow for this type of development to occur. This project also included the construction of 185th Street and Montrose Street adjacent to the site. The property’s location adjacent to the BNSF intermodal facility makes this property a prime location for this type of development.

5. The extent to which there is a need in the community for the uses allowed in the proposed

zoning. The L-P District will provide additional area for the development of warehouse or other types of uses allowed in this district that desire to be located in the vicinity of the BNSF Intermodal Facility.

6. The character of the neighborhood, including but not limited to: zoning, existing and

approved land use, platting, density (residential), natural features, and open space. The immediate area is in transition from rural to industrial, with the property being located adjacent to BNSF’s intermodal facility and near the City of Gardner. While the property located to the West is officially zoned Agricultural, the property is used for BNSF’s intermodal facility. The property to the North is located in the City of Gardner and is zoned Agricultural but part of the KCP&L wetlands and is not anticipated to be developed. The properties located to the East are also located with the City of Gardner and are zoned R-2, Two Family Residential and then transition into an area zoned R-1, Single Family residential. The property to the South is Zoned L-P, Logistics Park to the West of Montrose Street and County RUR to the East. The L-P property is currently graded and ready for construction to commence for the construction of a new warehouse. The RUR property is currently being used for agricultural purposes.

7. Compatibility of the proposed zoning and uses permitted therein with the zoning and uses of nearby properties. There is some conflict in regards to the compatibility of the proposed

zoning and the types of uses that could occur with the zoning and uses of the residential properties located within the City of Gardner. If the rezoning to the L-P District is approved, the Eastern portion of this property will be located directly adjacent to residential uses. The purpose of the L-P District specifies that residential uses should be discouraged from located near the L-P District. The purpose also states that the “zone is intended for industrial parks and larger, cleaner types of industries.” All activities are typically required to be located within a totally enclosed building and external effects are not supposed to extend beyond the property line. The restrictions placed upon properties in the L-P District, especially those adjacent to residential uses, should help to mitigate some of the impacts that could be anticipated through the rezoning of the property to a more intense industrial district. Prior to the issuance of any building permit the property will be required to go through the Site Plan review process. This process will allow the Planning Commission to take into consideration possible impacts to adjacent properties and ways that these can be mitigated.

8. Suitability of the uses to which the property has been restricted under its existing zoning.

While the property is suitable for the uses allowed under its existing zoning, the comprehensive plan shows that this property is anticipated for industrial or business park uses. With the construction of BNSF’s intermodal facility, the Waverly Road Project and other logistics park uses in the area, the existing County zoning is no longer appropriate for this property. The best use of this property is for industrial uses.

9. Length of time the subject property has remained vacant under the current zoning

designation. The property has primarily been used for agricultural purposes. 10. The extent to which the zoning amendment may detrimentally affect nearby property. While

it is anticipated that the development of this site for industrial purposes will cause additional traffic and noise, the area that has the ability to be affected the most is the residential area located in the City of Gardner to the East. The Site Plan review process will allow the Planning Commission to look at any possible impacts and place requirements (such as buffering, setbacks and stormwater management) on how the site may be developed in order to mitigate any detrimental effects. The L-P District also contains specific requirements in regards to the type of screening and buffering that is required when located adjacent to a property is used for residential purposes.

11. Consideration of rezoning applications requesting Planned Development Districts (PUD) for

multifamily and non-residential uses should include architectural style, building materials, height, structural mass, siting, and lot coverage. This is not a request for a PUD.

12. The availability and adequacy of required utilities and services to serve the uses allowed in

the proposed zoning. These utilities and services include, but are not limited to, sanitary and storm sewers, water, electrical and gas service, police and fire protection, schools, parks and recreation facilities and services, and other similar public facilities and services. The Waverly Road project is now complete. This project improved access to this site with a three lane (continuous center turn lane) paved road along Waverly Road and also included the development of 185th Street and Montrose Street which provides direct access to the subject property. Utilities will be provided by the developer in conjunction with development of the property. Among other improvements, this will require the extension of sewer to the site. The city is currently working on a plan to extend sewer service. The property will be

required to connect to city sewer when the service becomes available. A 12-inch water main operated by Water 7 is currently located to the West of the property along Waverly Road.

13. The extent to which the uses allowed in the proposed zoning would adversely affect the

capacity or safety of that portion of the road network influenced by the uses, or present parking problems in the vicinity of the property. The City recently finished work on the Waverly Road project. This project was designed to bring Waverly Road, 185th Street and Montrose Street up to a standard that can accommodate the industrial traffic anticipated as part of this development. The Planning Commission will need to have discussions in regards to any improvements to 183rd Street and changes that need to be made to deal with the unique traffic considerations of this area as part of the Site Plan process. The developer will be required to comply with the City’s UDC off-street parking requirements as part of the Site Plan review process.

14. The environmental impacts that the uses allowed in the proposed zoning would create (if

any) including, but not limited to, excessive storm water runoff, water pollution, air pollution, noise pollution, excessive nighttime lighting or other environmental harm. The City will follow NPDES (stormwater management requirements) guidelines that require the developer to address runoff and water pollution mitigation measures as part of the development of the property. Mitigation of pollution in the form of water, air, noise, light, etc, will be addressed as part of the Site Plan review process. When developed, it is anticipated that the uses anticipated to occur on this site could have negative impacts on the adjacent residential properties. The site plan for this property will need to take this into consideration through the use of screening, berms and buffers and also through the orientation of buildings and other uses on the site such as truck courts.

15. The economic impact on the community from the uses allowed in the proposed zoning. Uses

allowed in L-P district, if built, have the potential to benefit City residents and the community in a positive way by providing needed services, jobs, and tax revenues. The Waverly Road project allowed the City to leverage KDOT funds to extend the road to serve this site and helps to reduce the costs to the City or the developer that could be anticipated as part of the development of the site.

16. The relative gain (if any) to the public health, safety, and welfare from a denial of the

rezoning application as compared to the hardship imposed upon the rezoning applicant from such denial. There would be little gain to the public health, safety and welfare of the City of Edgerton if the zoning is denied. The property’s location adjacent to the BNSF facility does not provide may other uses that would be considered as more acceptable alternatives to the current request, especially as the North side of the property is adjacent to the intermodal lead tracts for the BNSF facility. The development of some other type of transitional use (multi-family residential or commercial) would be difficult as the City of Edgerton does not currently have any residential development in this area and commercial uses could still include similar types of impacts. The City of Gardner has also rezoned the Western portion of the area directly adjacent to the subject property to a medium density residential use that provides a small buffer between the property and low density residential. The City would also be adversely impacted due to lost opportunity for jobs and tax revenue.

17. Consistency with the Comprehensive Plan, Capital Improvement Plan, ordinances, policies, and applicable City Code of the City of Edgerton. The Future Land Use Map (Attached) from the Comprehensive Plan for the City of Edgerton shows the subject property as Business Park/Industrial and is more specifically shown as “Logistics Park East”. The plan does show areas which are located to the Southeast of the site being anticipated as ‘mixed use retail, office and medium density residential’. The Preferred Land Use Plan in the Southwest Johnson County Area Plan also shows the Western portion of this site as being Warehousing and Distribution with the East portion being shown as Business Park. The Uses which are permitted in the L-P District and the B-P, Business Park District are both very similar in intensity. The largest difference between the two district is that the L-P District has more specific standards, and generally greater standards, for what is required when an adjacent property is residential. The request appears to be consistent with the Comprehensive Plan.

18. The recommendation of professional staff. See Recommendation below Recommendation City staff recommends approval of the proposed rezoning of the subject property from A-G, Agricultural District to L-P, Logistics Park District, with the following stipulations:

1. All Site Plan application requirements of the City shall be met. 2. All infrastructure requirements of the City shall be met. 3. Prior to issuance of building permits, the property shall be developed in accordance with a

Site Plan reviewed and approved by the City. Attachments City of Edgerton Future Land Use Map Southwest Area Plan – The Preferred Land Use Plan Application for Rezoning No. ZA2016-03

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STAFF REPORT SUMMARY

January 6, 2017 To: Edgerton Planning Commission Fr: Kenneth Cook, AICP, CFM, Community Development Director Re: FP2016-03 for Final Plat for Inland Port XIII, located south side of 191st Street and

one-quarter mile east of Waverly Road. REQUEST The applicant is seeking approval of a Final Plat based on an approved final site plan, preliminary plat and the L-P, Logistics Park District zoning requirements. This project is located East of the Jet.com building on the South side of 191st Street and ¼-mile East of Waverly Road. The proposed use includes the production and storage of shelf stable dairy products in the South 391,451 square feet and additional speculative space in the North 151,858 square feet. DISCUSSION ITEMS Staff recommends the Planning Commission review the below summary of items to note area that may need consideration by the Planning Commission. Other items noted in the Staff Report shall be addressed by applicant in revised submittal, but do not appear to be items in need of discussion by the Planning Commission. 1. The Legal Description needs to be updated 2. Update the Final Plat to show Monuments that were previously set and those which were

set as part of this request. 3. Update how the access easement is shown located in the Northeast corner of Lot 2 to

more clearly represent what is being proposed. 4. Update the dedications to also include the dedication of the cross access easement. RECOMMENDATION City staff recommends approval of FP2016-03 of the Final Plat for Logistics Park Kansas City, Southeast, Fourth Plat, subject to compliance with the following stipulations:

1. All Final Plat requirements of the City listed above shall be met or addressed prior to recording of the Plat.

2. The commencement of any improvements shall not occur prior to the approval and endorsement of the final plat and the submittal to and approval of construction plans for all streets, sidewalks, storm water sewers, sanitary sewers, and water mains contained within the final plat by the Governing Body. Sanitary sewer drawings and specifications must be submitted to and approved by the City of Edgerton and Kansas Department of Health and Environment prior to the commencement of any improvements.

3. A Public Improvement Inspection Fee, established by the Fee Schedule for the Unified Development Code, shall be submitted with the document of financial assurance as defined in Section 13.7 prior to the commencement of any improvements.

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4. The applicant shall meet all requirements of Recording a Final Plat as defined in Section 13.5 of the Edgerton Unified Development Code, including payment of excise tax.

5. The applicant shall meet all requirements of Financial Assurances as defined in Section 13.7 of the Edgerton Unified Development Code.

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STAFF REPORT

January 5, 2017 To: Edgerton Planning Commission Fr: Kenneth Cook, AICP, CFM, Community Development Director Re: Application FP2016-03 for Final Plat for Inland Port XIII, located south side of 191st

Street and one-quarter mile east of Waverly Road. APPLICATION INFORMATION

Applicant/Property Owner: Aaron Burks, Edgerton Land Holding Company Requested Action: Final Plat – Inland Port XII, Logistics Park Kansas

City - Southeast, Fourth Plat, Lot 2 and Lot 3. A replat of Lot 2, Logistics Park Kansas City, Southeast, First Plat and part of the E ½ of the NW ¼ Section 2, Township 15 South, Range 22 East.

Legal Description: NW ¼ of Section 2, Township 15, Range 22, in

the City of Edgerton, Johnson County, Kansas. See attached final plat for full legal description.

Site Address/Location: 30700 West 193rd Street. Existing Zoning and Land Uses: City of Edgerton L-P (Logistics Park) zoning on Lot

2 and 3. Lot 2 is developed and Lot 3 is vacant land.

Existing Improvements: Lot 2 has a 670,000 square foot building and

associated improvements located on it. Lot 3 is vacant.

Site Size: Approximately 57 acres total, Lot 2 at 30.97 acres

and Lot 3 at 25.42 acres. PROJECT DESCRIPTION The applicant is seeking approval to plat a new Lot that includes Replating an existing platted lot and an approved preliminary plat, and the L-P, Logistics Park District zoning requirements. This project is considered part of LPKC Phase XIII. The initial Final Plat was approved January 08, 2015 and included two (2) Lots, and three (3) tracts, with proposed buildings. This application only encompasses Lot 2 of the initial plat (Logistics Park Kansas City, Southeast, First Plat) and additional property located to the east now shown as Lot 3 which has not been platted before. Lot 2 is being replatted in order for adjustments to be made for the shared

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property line between Lot 2 and Lot 3 to provide space for an access drive that is proposed on the Southern portion of Lot 3. This application will plat the property for the previously approved Final Site Plan for Lot 3 (Inland Port XIII). INFRASTRUCTURE AND SERVICES Infrastructure was reviewed previously per the rezoning and preliminary plat. Some conditions continue to exist as noted below.

a. 191st Street is 26 feet wide, paved, with no shoulders. Most street improvements in the area have typically been funded by the Public Infrastructure fund as shown in the tri-party agreements for Logistics Park Kansas City. This portion of 191st Street is not currently called out in this agreement but will need to be upgraded in the future as development occurs in the area.

b. The property is located within the Big Bull Creek watershed, which flows south from 167th Street to the southern edge of the county at Homestead Lane.

c. The property is located within an area identified as Zone X and is defined as Areas determined to be outside the 500-year flood elevation. No base Flood Elevations have been determined.

d. The Subject property is not currently served by Sanity Sewer. The City has been working with NorthPoint Development on the design and extension of new sanitary sewer infrastructure that would serve the proposed building.

e. The property is located within the service area of Rural Water District No. 7. Johnson County AIMS currently shows a 12-inch main being located along 191st Street to the West of the proposed Lot 3 which will be required to be extended.

f. Police protection is provided by the Johnson County Sheriff's Department under contract with the City of Edgerton. Fire protection is provided by Johnson County Fire District No. 1. A fire station is located in the City of Edgerton approximately 5 miles to the west, and another approximately 2 miles to the northeast in the City of Gardner.

FINAL PLAT REVIEW Staff has reviewed the Final Plat submittal for compliance with the Approved Preliminary Plat and requirements in Section 13.3 of Article 13 of the Edgerton UDC. Review comments are listed below. 1. Scale, the same used for the preliminary plat; North point; vicinity map. A different

scale is being used for the Final Plat as the Final Plat only includes a portion of the area shown in the Preliminary Plat. The change in scale allows for the Final Plat to show improved detail and staff considers the change acceptable. Final P lat Complies.

2. The words "FINAL PLAT" followed by the name of the subdivision at the top of the sheet, and then followed by a metes and bounds description of the tract. Final P lat Complies

3. The instrument of survey which shows the point of beginning, corners, bearings, courses, distances, exterior boundaries, interior lot boundaries, abandoned lot lines, pins, and monuments found or set. All P.I.’s corners, boundaries must be monumented with a 2" x 24" metal bar. Update Final P lat a. The plat currently shows all monuments being ½” x 24” Rebar while the regulations

require 2” x 24” metal bar. Staff believes that the 2” measurement is a typographical error and that it should be ½”.

b. No monument is currently shown at the SW corner of Lot 3, one should be added.

Page 3 of 4

c. The legend includes a description for “Found monument as noted.” None of the monuments shown for Lot 2 are shown as being found. Staff assumes that a number of these monuments should have been set when the property was originally platted and should possibly be shown as FOUND MONUMENT.

4. A boundary survey of third order surveying accuracy (maximum closure error one in five thousand (1' in 5,000), with bearings and distances referenced to section or fractional section corners or other base line shown on the plat and readily reproducible on the ground. Information depicted. Final P lat Complies.

5. Individual notations and a TABLE showing: lot area, setbacks, and building envelopes. Table shown. Final Plat Complies.

6. A number for each lot, starting (if practical) in the northwest corner. The plat utilizes the Lot numbers assigned by the preliminary plat. Final P lat Complies.

7. All easements with widths, and roads with curve data. Update Final Plat. a. An Access Easement is currently contemplated in the northeast corner of Lot 2 to

provide access to 191st Street for Lot 3. Please label access easement more clearly and provide for it in the plat dedication language.

b. What is the area in the northeast corner of Lot 2 and dimensioned as 73.25” by 117.50’ for?

8. Ingress/egress limitations if required. Purpose of the access easement located in the NE corner of Lot 2 needs to be declared, clearly labeled, and listed in the dedications. Same location purpose of the area dimensioned as 73.25’ by 117.50’ needs to be declared, clearly labeled, and listed in the dedications. Update Final P lat.

9. The location of existing utility easements. Final P lat Complies. 10. A written legal description from the survey. The Legal Description shown on the plat appears to have an error. The bearing of the boundary along the North line of Lot 2 currently specifies “88%%38’48” East”. Update Final P lat.

11. An instrument of dedication for all roads and easements. The Final Plat includes language for the dedication of streets and other types of similar rights-of-way including utility easements, and pedestrian access easements. No wording for Access Easement is currently included. It appears the dedication language and the plat depiction of the various easements needs reconciliation. Please revise accordingly. Update Final P lat.

12. Special notations required as a condition of platting by the Planning Commission. Final P lat Complies.

13. Approved phases – clearly delineated. Not applicable as not be developed in phases. Final P lat Complies.

14. Private travel easements. As previously discussed above please reconcile the access easement(s) currently depicted and list in the dedication language. Update Final P lat. 15. The Owner's Certificate with Notary Seal. Final P lat Complies. 16. Certificate of the Governing Body with City Clerk's attest and Seal. Final P lat

Complies. 17. Edgerton City Planning Commission Chair and Secretary approval. Final P lat

Complies. 18. Certificate of the Register of Deeds. Register of Deeds utilizes their own stamp and

requires space to be reserved in the top left corner to accommodate it. No additional certificate is required. Final P lat Complies.

19. Surveyor's Certificate and Seal and certificate for survey review by the County Surveyor or designated Land Surveyor. County Surveyor utilizes their own stamp, therefore no other certificate is required. Final P lat Complies.

Page 4 of 4

20. Certificate of the Zoning Administrator. Final P lat Complies. RECOMMENDATION City Staff recommends approval of the Final Plat for Logistics Park Kansas City, Southeast, Fourth Plat, subject to compliance with the following stipulations:

1. All Final Plat requirements of the City listed above shall be met or addressed prior to recording of the Plat.

2. The commencement of any improvements shall not occur prior to the approval and endorsement of the final plat and the submittal to and approval of construction plans for all streets, sidewalks, storm water sewers, sanitary sewers, and water mains contained within the final plat by the Governing Body. Sanitary sewer drawings and specifications must be submitted to and approved by the City of Edgerton and Kansas Department of Health and Environment prior to the commencement of any improvements.

3. A Public Improvement Inspection Fee, established by the Fee Schedule for the Unified Development Code, shall be submitted with the document of financial assurance as defined in Section 13.7 prior to the commencement of any improvements.

4. The applicant shall meet all requirements of Recording a Final Plat as defined in Section 13.5 of the Edgerton Unified Development Code, including payment of excise tax.

5. The applicant shall meet all requirements of Financial Assurances as defined in Section 13.7 of the Edgerton Unified Development Code.

ATTACHMENTS Application FP2016-03 Final Plat Logistics Park Kansas City, Southeast Fourth Plat. Preliminary Plat for Logistics Park Kansas City Phase II Final Plat for Logistics Park Kansas City Phase IV, Second Plat

Other Comments

1. Show the basis of bearing on the graphic portion of the plat. 2. A dimension of 2634.32’ is shown on the north line but it appears that the

arrow on the east side is in the wrong location.

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